NKECHINYERE ONYENWAKU U. & ANOR V. ANTHONY NNADI & ORS

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Lead Ruling): The facts that led to this application are as follows:

The plaintiffs appealed to the High Court Enugu against the decision of Udi Magistrate Court refusing the plaintiffs claim for possession of a premises situate at Ukaka Ngwo. The High Court delivered its judgment setting aside the judgment of the Magistrate Court and granted the claim of the plaintiffs. The applicant appealed against the judgment. The applicant was served the record of appeal on 22nd January, 2008 at 1.45pm by a chief Bailiff of the High Court Mr. Cosmas Ani. The High Court had granted the applicant a stay of execution of its judgment. The applicant did not file a brief of argument and the appeal was struck out on the application of the respondents counsel. This is a motion on notice filed on 31/5/11 brought pursuant to Or 7 R 10 (1) and (2); Or 4 R 4 of the Court of Appeal Rules 2011 and S.24 (4) of the Court of Appeal Act, 2004. The prayers sought a…